0% found this document useful (0 votes)
1K views29 pages

Sample Copy NYPE 2015

Uploaded by

mitsosmitroglou
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
1K views29 pages

Sample Copy NYPE 2015

Uploaded by

mitsosmitroglou
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 29

NYPE 2015

TIME CHARTER
New York Produce Exchange Form©
November 6th, 1913 – Amended October 20th, 1921; August 6th, 1931; October 3rd, 1946;
Revised June 12th 1981; September 14th 1993; June 3rd, 2015.

THIS CHARTER PARTY, made and concluded in . this . day of 20

Between of
Sa

as *Registered Owners/*Disponent Owners/*Time Chartered Owners (the “Owners”) of the Vessel described below
m

*delete as applicable
pl

Name:
e

IMO Number:
co

Flag:

Built (year):
py

Deadweight All Told: metric tons

(For Vessel’s charter party description see Appendix A (Vessel Description)),

and Charterers of (the “Charterers”)

This Charter Party shall be performed subject to all the terms and conditions herein consisting of this main body
including any additional clauses and addenda, if applicable, as well as Appendix A attached hereto. In the event of
any conflict of conditions, the provisions of any additional clauses and Appendix A shall prevail over those of the
main body to the extent of such conflict, but no further.

1. Duration/Trip Description

(a) The Owners agree to let, and the Charterers agree to hire, the Vessel from the time of delivery, for .
within below mentioned trading limits.

(b) Trading Limits - The Vessel shall be employed in such lawful trades between safe ports and safe places within
the following trading limits . as the Charterers shall direct.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(c) Berths - The Vessel shall be loaded and discharged in any safe anchorage or at any safe berth or safe place
that the Charterers or their agents may direct, provided the Vessel can safely enter, lie and depart always
afloat.

(d) The Vessel during loading and/or discharging may lie safely aground at any safe berth or safe place where it
is customary for vessels of similar size, construction and type to lie at the following areas/ports (if this
space is left blank then this sub-clause 1(d) shall not apply), if so requested by the Charterers, provided it can
do so without suffering damage.

The Charterers shall indemnify the Owners for any loss, damage, costs, expenses or loss of time, including
any underwater inspection required by class, caused as a consequence of the Vessel lying aground at the
Charterers’ request.

(e) Sublet - The Charterers shall have the liberty to sublet the Vessel for all or any part of the time covered by
this Charter Party, but the Charterers remain responsible for the fulfillment of this Charter Party.

2. Delivery

(a) The Vessel shall be delivered to the Charterers at (state port or place).

(b) The Vessel on delivery shall be seaworthy and in every way fit to be employed for the intended service, having
water ballast and with sufficient power to operate all cargo handling gear simultaneously, and, with full
complement of Master, officers and ratings who meet the Standards for Training, Certification and
Sa

Watchkeeping for Seafarers (STCW) requirements for a vessel of her tonnage.

(c) The Vessel’s holds shall be clean and in all respects ready to receive the intended cargo, or if no intended
m

cargo, any permissible cargo:


pl

(i) On *delivery; or
e

(ii) On *arrival at first loading port if different from place of delivery. If the Vessel fails hold inspection then
the Vessel shall be off-hire from the time of rejection until the Vessel has passed a subsequent inspection.
co

*(c)(i) and (c)(ii) are alternatives; delete as appropriate. If no deletion then Sub-clause (c)(i) shall apply.
py

(d) The Owners shall keep the Charterers informed of the Vessel’s itinerary. Prior to the arrival of the Vessel at
the delivery port or place, the Owners shall serve the Charterers with days’ approximate and days’
definite notices of the Vessel’s delivery. Following the tender of any such notice the Owners shall give or
allow to be given to the Vessel only such further employment orders, if any, as are reasonably expected when
given to allow delivery to occur on or before the date notified. The Owners shall give the Charterers and/or
their local agents notice of delivery when the Vessel is in a position to come on hire.

Vessel itinerary prior to delivery: .

(e) Acceptance of delivery of the Vessel by the Charterers shall not prejudice their rights against the Owners
under this Charter Party.

3. Laydays/Cancelling

If required by the Charterers, time on hire shall not commence before (local time) and should the Vessel
not have been delivered on or before (local time) at the port or place stated in Sub-clause 2(a), the
Charterers shall have the option of cancelling this Charter Party at any time but not later than the day of the
Vessel’s notice of delivery.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

4. Redelivery

(a) The Vessel shall be redelivered to the Owners in like good order and condition, ordinary wear and tear
excepted, at (state port or place)

(b) The Charterers shall keep the Owners informed of the Vessel’s itinerary. Prior to the arrival of the Vessel at
the redelivery port or place, the Charterers shall serve the Owners with days’ approximate and days’
definite notices of the Vessel’s redelivery. Following the tender of any such notices the Charterers shall give
or allow to be given to the Vessel only such further employment orders, if any, as are reasonably expected
when given to allow redelivery to occur on or before the date notified.

(c) Acceptance of redelivery of the Vessel by the Owners shall not prejudice their rights against the Charterers
under this Charter Party.

5. On/Off-Hire Survey

Prior to delivery and redelivery the parties shall, unless otherwise agreed, each appoint surveyors, for their
respective accounts, who shall not later than at first loading port/last discharging port respectively, conduct
joint on-hire/off-hire surveys, for the purpose of ascertaining the quantity of bunkers on board and the
condition of the Vessel. A single report shall be prepared on each occasion and signed by each surveyor,
without prejudice to his right to file a separate report setting forth items upon which the surveyors cannot
agree.
Sa

If either party fails to have a representative attend the survey and sign the joint survey report, such party
shall nevertheless be bound for all purposes by the findings in any report prepared by the other party.
m

Any time lost as a result of the on-hire survey shall be for the Owners’ account and any time lost as a result
of the off-hire survey shall be for the Charterers’ account.
pl

6. Owners to Provide
e

(a) The Owners shall provide and pay for the insurances of the Vessel, except as otherwise provided, and for all
co

provisions, cabin, deck, engine-room and other necessary stores, boiler water and lubricating oil; shall pay
for wages, consular shipping and discharging fees of the crew and charges for port services pertaining to the
crew/crew visas; shall maintain the Vessel’s class and keep her in a thoroughly efficient state in hull,
py

machinery and equipment for and during the service, and have a full complement of Master, officers and
ratings.

(b) The Owners shall provide any documentation relating to the Vessel as required to permit the Vessel to trade
within the agreed limits, including but not limited to International Tonnage Certificate, Suez and Panama
tonnage certificates, Certificates of Registry, and certificates relating to the strength, safety and/or
serviceability of the Vessel’s gear. Such documentation shall be maintained during the currency of the Charter
Party as necessary.

Owners shall also provide and maintain such Certificates of Financial Responsibility for oil pollution to permit
the Vessel to trade within the agreed limits as may be required at the commencement of the Charter Party.
However, in the event that, at the time of renewal, a Certificate of Financial Responsibility is unavailable in
the market place, or, the premium for same increases significantly over the course of the Charter Party, then
Owners and Charterers shall discuss each with the other to find a mutually agreeable solution for same, failing
such solution the port(s) that require said Certificate of Financial Responsibility are to be considered as added
to the Vessel's trading exclusions. (See also Clause 18 (Pollution)).

(c) The Vessel to work night and day if required by the Charterers, with crew opening and closing hatches, when
and where required and permitted by shore labor regulations, otherwise shore labor for same shall be for
the Charterers’ account.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

7. Charterers to Provide

(a) The Charterers, while the Vessel is on-hire, shall provide and pay for all the bunkers except as otherwise
agreed; shall pay for port charges (including compulsory garbage disposal), compulsory gangway watchmen
and cargo watchmen, compulsory and/or customary pilotages, canal dues, towages, agencies, commissions,
consular charges (except those pertaining to individual crew members or flag of the Vessel), and all other
usual expenses except those stated in Clause 6, but when the Vessel puts into a port for causes for which the
Vessel is responsible (other than by stress of weather), then all such charges incurred shall be paid by the
Owners.

(b) Fumigations ordered because of illness of the crew or for infestations prior to delivery under this Charter
Party shall be for the Owners’ account. Fumigations ordered because of cargoes carried or ports visited while
the Vessel is employed under this Charter Party shall be for the Charterers’ account.

(c) The Charterers shall provide and pay for necessary dunnage, lashing materials and also any extra fittings
requisite for a special trade or unusual cargo, but the Owners shall allow them the use of any dunnage already
aboard the Vessel. Prior to redelivery the Charterers shall remove their dunnage, fittings and lashing
materials at their cost and in their time.

8. Performance of Voyages

(a) Subject to Clause 38 (Slow Steaming) the Master shall perform the voyages with due despatch and shall
render all customary assistance with the Vessel’s crew. The Master shall be conversant with the English
Sa

language and (although appointed by the Owners) shall be under the orders and directions of the Charterers
as regards employment and agency; and the Charterers shall perform all cargo handling, including but not
limited to loading, stowing, trimming, lashing, securing, dunnaging, unlashing, discharging, and tallying, at
m

their risk and expense, under the supervision of the Master.


pl

(b) If the Charterers shall have reasonable cause to be dissatisfied with the conduct of the Master or officers,
the Owners shall, on receiving particulars of the complaint, investigate the same, and, if necessary, make a
e

change in appointments.
co

9. Bunkers

(a) Bunker quantities and prices


py

*(i) The Charterers on delivery, and the Owners on redelivery or any termination of this Charter Party, shall
take over and pay for all bunkers remaining on board the Vessel as hereunder. The Vessel’s bunker tank
capacities shall be at the Charterers’ disposal. Bunker quantities and prices on delivery /redelivery to be .

*(ii) The Owners shall provide sufficient bunkers onboard to perform the entire time charter trip. The
Charterers shall not bunker the Vessel, and shall pay with the first hire payment for the mutually agreed
estimated bunker consumption for the trip, namely metric tons at (price). Upon redelivery any
difference between estimated and actual consumption shall be paid by the Charterers or refunded by the
Owners as the case may be.

*(iii) The Charterers shall not take over and pay for bunkers Remaining On Board at delivery but shall redeliver
the Vessel with about the same quantities and grades of bunkers as on delivery. Any difference between the
delivery quantity and the redelivery quantity shall be paid by the Charterers or the Owners as the case may
be. The price of the bunkers shall be the net contract price paid by the receiving party, as evidenced by
suppliers’ invoice or other supporting documents.

*(i), (ii) and (iii) are alternatives; delete as applicable. If neither Sub-clause (i), (ii) nor (iii) is deleted then Sub-
clause (i) shall apply.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(b) Bunkering Prior to Delivery/Redelivery

Provided that it can be accomplished at ports of call, without hindrance to the working or operation of or
delay to the Vessel, and subject to prior consent, which shall not be unreasonably withheld, the Owners shall
allow the Charterers to bunker for their account prior to delivery and the Charterers shall allow the Owners
to bunker for their account prior to redelivery. If consent is given, the party ordering the bunkering shall
indemnify the other party for any delays, losses, costs and expenses arising therefrom.

(c) Bunkering Operations and Sampling

(i) The Chief Engineer shall co-operate with the Charterers’ bunkering agents and fuel suppliers during
bunkering. Such cooperation shall include connecting/disconnecting hoses to the Vessel’s bunker manifold,
attending sampling, reading gauges or meters or taking soundings, before, during and/or after delivery of
fuels.

(ii) During bunkering a primary sample of each grade of fuels shall be drawn in accordance with the
International Maritime Organization (IMO) Resolution Marine Environment Protection Committee (MEPC)
MEPC.182(59) Guidelines for the Sampling of Fuel Oil for Determination of Compliance with the Marine
Pollution Convention (MARPOL) 73/78 Annex VI or any subsequent amendments thereof. Each primary
sample shall be divided into no fewer than five (5) samples; one sample of each grade of fuel shall be retained
on board for MARPOL purposes and the remaining samples of each grade distributed between the Owners,
the Charterers and the bunker suppliers.
Sa

(iii) The Charterers warrant that any bunker suppliers used by them to bunker the Vessel shall comply with
the provisions of Sub-clause (c)(ii) above.
m

(iv) Bunkers of different grades, specifications and/or suppliers shall be segregated into separate tanks within
the Vessel’s natural segregation. The Owners shall not be held liable for any restriction in bunker capacity as
pl

a result of segregating bunkers as aforementioned.


e

(d) Bunker Quality and Liability


co

(i) The Charterers shall supply bunkers of the agreed specifications and grades: The bunkers shall be of
a stable and homogeneous nature and suitable for burning in the Vessel’s engines and/or auxiliaries and,
unless otherwise agreed in writing, shall comply with the International Organization for Standardization (ISO)
py

standard 8217:2012 or any subsequent amendments thereof. If ISO 8217:2012 is not available then the
Charterers shall supply bunkers which comply with the latest ISO 8217 standard available at the port or place
of bunkering.

(ii) The Charterers shall be liable for any loss or damage to the Owners or the Vessel caused by the supply of
unsuitable fuels and/or fuels which do not comply with the specifications and/or grades set out in Sub-clause
(d)(i) above, including the off-loading of unsuitable fuels and the supply of fresh fuels to the Vessel. The
Owners shall not be held liable for any reduction in the Vessel’s speed performance and/or increased bunker
consumption nor for any time lost and any other consequences arising as a result of such supply.

(e) Fuel Testing Program

Should the Owners participate in a recognized fuel testing program one of the samples retained by the
Owners shall be forwarded for such testing. The cost of same shall be borne by the Owners and if the results
of the testing show the fuel not to be in compliance with ISO 8217:2012, or any subsequent amendment
thereof, or such other specification as may be agreed, the Owners shall notify the Charterers and provide a
copy of the report as soon as reasonably possible.

In the event the Charterers call into question the results of the testing, a fuel sample drawn in accordance
with IMO Resolution MEPC.96(47) Guidelines for the Sampling of Fuel Oil for Determination of Compliance

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

with Annex VI of MARPOL 73/78 or any subsequent amendments thereof, shall be sent to a mutually agreed,
qualified and independent laboratory whose analysis as regards the characteristics of the fuel shall be final
and binding on the parties concerning the characteristics tested for. If the fuel sample is found not to be in
compliance with the specification as agreed in the paragraph above, the Charterers shall meet the cost of
this analysis, otherwise same shall be for the Owners’ account.

(f) Bunker Fuel Sulphur Content

(i) Without prejudice to anything else contained in this Charter Party, the Charterers shall supply fuels of such
specifications and grades to permit the Vessel, at all times, to comply with the maximum sulphur content
requirements of any emission control area when the Vessel is ordered to trade within that area.

The Charterers also warrant that any bunker suppliers, bunker craft operators and bunker surveyors used by
the Charterers to supply such bunkers shall comply with Regulations 14 and 18 of MARPOL Annex VI,
including the Guidelines in respect of sampling and the provision of bunker delivery notes.

The Charterers shall indemnify, defend and hold harmless the Owners in respect of any loss, liability, delay,
fines, costs or expenses arising or resulting from the Charterers' failure to comply with this Sub-clause (f)(i).

(ii) Provided always that the Charterers have fulfilled their obligations in respect of the supply of fuels in
accordance with Sub-clause (f)(i), the Owners warrant that:

1. the Vessel shall comply with Regulations 14 and 18 of MARPOL Annex VI and with the requirements
Sa

of any emission control area; and

2. the Vessel shall be able to consume fuels of the required sulphur content,
m

when ordered by the Charterers to trade within any such area.


pl

Subject to having supplied the Vessel with fuels in accordance with Sub-clause (f)(i), the Charterers shall not
e

otherwise bear any loss, liability, delay, fines, costs or expenses arising or resulting from the Vessel’s failure
to comply with Regulations 14 and 18 of MARPOL Annex VI.
co

(iii) For the purpose of this Clause, "emission control area" shall mean an area as stipulated in MARPOL Annex
VI and/or an area regulated by regional and/or national authorities such as, but not limited to, the European
py

Union (EU) and the United States (US) Environmental Protection Agency.

(g) Grades and Quantities of Bunkers on Redelivery

Unless agreed otherwise, the Vessel shall be redelivered with the same grades and about the same quantities
of bunkers as on delivery; however, the grades and quantities of bunkers on redelivery shall always be
appropriate and sufficient to allow the Vessel to reach safely the nearest port at which fuels of the required
types are available.

10. Rate of Hire; Hold Cleaning; Communications; Victualing and Expenses

(a) The Charterers shall pay for the use and hire of the said Vessel at the rate of . per day or pro rata for any
part of a day, commencing on and from the time of her delivery, as aforesaid, including the overtime of crew;
hire to continue until the time of her redelivery to the Owners as per Clause 4 (Redelivery) (unless Vessel
lost).

Unless otherwise mutually agreed, the Charterers shall have the option to redeliver the Vessel with
unclean/unswept holds against a lumpsum payment of in lieu of hold cleaning, to the Owners (unless
Vessel lost).

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

The Owners shall victual pilots and such other persons as authorized by the Charterers or their agents. While
on-hire, the Charterers shall pay the Owners along with the hire payments, per thirty (30) days or pro
rata, to cover all Communications, Victualing and Expenses properly incurred by the Vessel under the
Charterers’ employment.

For the purpose of hire calculations, the times of delivery, redelivery or termination of this Charter Party shall
be adjusted to Coordinated Universal Time (UTC).

(b) Hold Cleaning/Residue Disposal

(i) The Charterers may request the Owners to direct the crew to sweep and/or wash and/or clean the holds
between voyages and/or between cargoes against payment at the rate of per hold, provided the crew
is able safely to undertake such work and is allowed to do so by local regulations. In connection with any such
operation the Owners shall not be responsible if the Vessel's holds are not accepted or passed. Time for
cleaning shall be for the Charterers’ account.

(ii) Unless this Charter Party is concluded for a single laden leg, all cleaning agents and additives (including
chemicals and detergents) required for cleaning cargo holds shall be supplied and paid for by the Charterers.
The Charterers shall provide the Owners with a dated and signed statement identifying cleaning agents and
additives that, in accordance with IMO Resolution 219(63) Guidelines for the Implementation of MARPOL
Annex V, are not substances harmful to the marine environment and do not contain any component known
to be carcinogenic, mutagenic or reprotoxic.
Sa

(iii) Throughout the currency of this Charter Party and at redelivery, the Charterers shall remain responsible
for all costs and time, including deviation, if any, associated with the removal and disposal of cargo related
residues and/or hold washing water and/or cleaning agents and detergents and/or waste. Removal and
m

disposal as aforesaid shall always be in accordance with and as defined by MARPOL Annex V, or other
applicable rules.
pl

11. Hire Payment


e

(a) Payment
co

Payment of Hire shall be made without deductions due to Charterers’ bank charges so as to be received by
the Owners or their designated payee into the bank account as follows in the currency stated in Clause
py

10 (Rate of Hire; Hold Cleaning; Communications; Victualing and Expenses), in funds available to the Owners
on the due date, fifteen (15) days in advance, and for the last fifteen (15) days or part of same the
approximate amount of hire, and should the same not cover the actual time, hire shall be paid for the balance
day by day as it becomes due, if so required by the Owners. The first payment of hire shall be due on delivery.

(b) Grace Period

Where there is failure to make punctual payment of hire due, the Charterers shall be given by the Owners
three (3) Banking Days (as recognized at the agreed place of payment and the place of currency of the Charter
Party) written notice to rectify the failure, and when so rectified within those three (3) Banking Days following
the Owners’ notice, the payment shall stand as punctual.

(c) Withdrawal

Failure by the Charterers to pay hire due in full within three (3) Banking Days of their receiving a notice from
Owners under Sub-clause 11(b) above shall entitle the Owners, without prejudice to any other rights or claims
the Owners may have against the Charterers:

(i) to withdraw the Vessel from the service of the Charterers;

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(ii) to damages, if they withdraw the Vessel, for the loss of the remainder of the Charter Party.

(d) Suspension

At any time while hire is outstanding, the Owners shall, without prejudice to the liberty to withdraw, be
entitled to withhold the performance of any and all obligations hereunder and shall have no responsibility
whatsoever for any consequences thereof, and Charterers hereby indemnify the Owners for all legitimate
and justifiable actions taken to secure their interests, and hire shall continue to accrue and any extra
expenses resulting from such withholding shall be for the Charterers’ account.

(e) Last Hire Payment

Should the Vessel be on her voyage towards port/place of redelivery at the time the last payment(s) of hire
is/are due, said payment(s) is/are to be made for such length of time as the estimated time necessary to
complete the voyage, including the deduction of estimated disbursements for the Owners’ account before
redelivery. Should said payments not cover the actual time, hire is to be paid for the balance, day by day, as
it becomes due.

Unless Sub-clause 9(a)(ii) or (iii) has been agreed, the Charterers shall have the right to deduct the value of
bunkers on redelivery from last sufficient hire payment(s).

When the Vessel has been redelivered, any difference in hire and bunkers is to be refunded by the Owners
or paid by the Charterers within five (5) Banking Days, as the case may be.
Sa

(f) Cash Advances


m

Cash for the Vessel’s ordinary disbursements at any port may be advanced by the Charterers, as required by
the Owners, subject to two and a half (2.5) per cent commission and such advances shall be deducted from
pl

the hire. The Charterers, however, shall in no way be responsible for the application of such advances.
e

12. Speed and Consumption


co

(a) Upon delivery and throughout the duration of this Charter Party the Vessel shall be capable of speed and
daily consumption rates as stated in Appendix A in good weather on all sea passages with wind up to and
including Force four (4) as per the Beaufort Scale and sea state up to and including Sea State three (3) as per
py

the Douglas Sea Scale (unless otherwise specified in Appendix A). Any period during which the Vessel’s speed
is deliberately reduced to comply with the Charterers’ orders/requirements (unless slow steaming or eco
speed warranties have been given in Appendix A) or for reasons of safety or while navigating within narrow
or restricted waters or when assisting a vessel in distress or when saving or attempting to save life or property
at sea, shall be excluded from performance calculations.

(b) The Charterers shall have the option of using their preferred weather routing service. The Master shall
comply with the reporting procedure of the Charterers’ weather routing service and shall follow routing
recommendations from that service provided that the safety of the Vessel and/or cargo is not compromised.

(c) The actual route taken by the Vessel shall be used as the basis of any calculation of the Vessel's performance.

(d) If the speed of the Vessel is reduced and/or fuel oil consumption increased, the Charterers may submit to
the Owners a documented claim limited to the estimated time lost and/or the additional fuel consumed,
supported by a performance analysis from the weather routing service established in accordance with this
Clause. The cost of any time lost shall be off-set against the cost of any fuel saved and vice versa.

(e) In the event that the Owners contest such claim then the Owners shall provide copies of the Vessel's deck
logs for the period concerned and the matter shall be referred to an independent expert or alternative
weather service selected by mutual agreement, whose report shall take Vessel’s log data and the Charterers’

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

weather service data into consideration and whose determination shall be final and binding on the parties.
The cost of such expert report shall be shared equally.

13. Spaces Available

(a) The whole reach of the Vessel’s holds, decks, and other cargo spaces (not more than she can reasonably and
safely stow and carry), also accommodation for supercargo, if carried, shall be at the Charterers’ disposal,
reserving only proper and sufficient space for the Vessel’s Master, officers, ratings, tackle, apparel, furniture,
provisions, stores and bunkers.

(b) In the event of deck cargo being carried, the Owners are to be and are hereby indemnified by the Charterers
for any loss and/or damage and/or liability of whatsoever nature howsoever caused to the deck cargo which
would not have arisen had the deck cargo not been loaded. Bills of Lading shall be issued as per Clause 31(c).

14. Supercargo

The Charterers are entitled to appoint a supercargo, who shall accompany the Vessel at the Charterers’ risk
and see that voyages are performed with due despatch. He is to be furnished with free accommodation and
meals same as provided for the Master’s table. The Charterers and the supercargo are required to sign the
standard letter of waiver and indemnity recommended by the Vessel’s Protection and Indemnity Association
before the supercargo comes on board the Vessel.

15. Sailing Orders and Logs


Sa

The Charterers shall furnish the Master from time to time with all requisite instructions and sailing directions,
in writing, in the English language, and the Master shall keep full and correct deck and engine logs of the
m

voyage or voyages, which are to be patent to the Charterers or their agents, and shall furnish the Charterers,
their agents or supercargo, when required, with a true copy of such deck and engine logs, showing the course
pl

of the Vessel, distance run and the consumption of bunkers. Any log extracts required by the Charterers shall
be in the English language.
e

16. Cargo Exclusions


co

The Vessel shall be employed in carrying lawful merchandise, excluding any goods of a dangerous, injurious,
flammable or corrosive nature unless carried in accordance with the requirements or recommendations of
py

the competent authorities of the country of the Vessel’s registry, and of ports of loading and discharge, and
of any intermediate countries or ports through whose waters the Vessel must pass. Without prejudice to the
generality of the foregoing in addition the following are specifically excluded: livestock of any description,
arms, ammunition, explosives, nuclear and radioactive material, .

17. Off-Hire

In the event of loss of time from deficiency and/or default and/or strike of officers or ratings, or deficiency
of stores, fire, breakdown of, or damage to hull, machinery or equipment, grounding, detention by the arrest
of the Vessel, (unless such arrest is caused by events for which the Charterers, their sub-charterers, servants,
agents or sub-contractors are responsible), or detention by Port State control or other competent authority
for Vessel deficiencies, or detention by average accidents to the Vessel or cargo, unless resulting from
inherent vice, quality or defect of the cargo, drydocking for the purpose of examination, cleaning and/or
painting of underwater parts and/or repair, or by any other similar cause preventing the full working of the
Vessel, the payment of hire and overtime, if any, shall cease for the time thereby lost. Should the Vessel
deviate or put back during a voyage, contrary to the orders or directions of the Charterers, for any reason
other than accident to the cargo or where permitted in Clause 22 (Liberties) hereunder, the hire to be
suspended from the time of her deviating or putting back until she is again in the same or equidistant position
from the destination and the voyage resumed therefrom. All bunkers used by the Vessel while off-hire shall
be for the Owners’ account. In the event of the Vessel being driven into port or to anchorage through stress

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

of weather, trading to shallow harbors or to rivers or ports with bars, any detention of the Vessel and/or
expenses resulting from such detention shall be for the Charterers’ account. If upon the voyage the speed be
reduced by defect in, or breakdown of, any part of her hull, machinery or equipment, the time so lost, and
the cost of any extra bunkers consumed in consequence thereof, and all extra proven expenses may be
deducted from the hire. Bunkers used by the Vessel while off-hire and the cost of replacing same shall be for
the Owners’ account and therefore deducted from the hire.

18. Pollution

The Owners shall provide for standard oil pollution coverage equal to the level customarily offered by the
International Group of P&I Clubs, together with the appropriate certificates to that effect. (See also Clause 6
(Owners to Provide)).

19. Drydocking

The Vessel was last drydocked .

Except in case of emergency or under Clause 52(b), no drydocking shall take place during the currency of this
Charter Party.

20. Total Loss

Should the Vessel be lost, money paid in advance and not earned (reckoning from the date of loss or being
Sa

last heard of) shall be returned to the Charterers at once.

21. Exceptions
m

The act of God, enemies, fire, restraint of princes, rulers and people, and all dangers and accidents of the
pl

seas, rivers, machinery, boilers and navigation, and errors of navigation throughout this Charter Party, always
mutually excepted.
e

22. Liberties
co

The Vessel shall have the liberty to sail with or without pilots, to tow and be towed, to assist vessels in
distress, and to deviate for the purpose of saving life and property.
py

23. Liens

The Owners shall have a lien upon all cargoes, sub-hires and sub-freights (including deadfreight and
demurrage) belonging or due to the Charterers or any sub-charterers, for any amounts due under this Charter
Party, including general average contributions, and the Charterers shall have a lien on the Vessel for all
monies paid in advance and not earned, and any overpaid hire or excess deposit to be returned at once.

The Charterers will not directly or indirectly suffer, nor permit to be continued, any lien or encumbrance,
which might have priority over the title and interest of the Owners in the Vessel. The Charterers undertake
that during the period of this Charter Party, they will not procure any supplies or necessaries or services,
including any port expenses and bunkers, on the credit of the Owners.

24. Salvage

All derelicts and salvage shall be for the Owners’ and the Charterers’ equal benefit after deducting the
Owners’ and the Charterers’ expenses and crew’s proportion.

25. General Average

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

General average shall be adjusted according to York-Antwerp Rules 1994 and settled in US dollars in the same
place as stipulated in Clause 54 (Law and Arbitration). The Charterers shall procure that all bills of lading
issued during the currency of this Charter Party will contain a provision to the effect that general average
shall be adjusted according to York-Antwerp Rules 1994 and will include the “New Jason Clause” as per Clause
33(c). Time charter hire will not contribute to general average.

26. Navigation

Nothing herein stated is to be construed as a demise of the Vessel to the Charterers. The Owners shall remain
responsible for the navigation of the Vessel, acts of pilots and tug boats, insurance, crew, and all other
matters, same as when trading for their own account.

27. Cargo Claims

Cargo claims as between the Owners and the Charterers shall be settled in accordance with the Inter-Club
NYPE Agreement 1996 (as amended 1 September 2011), or any subsequent modification or replacement
thereof.

28. Cargo Handling Gear and Lights

The Owners shall maintain the cargo handling gear of the Vessel providing lifting capacity as described in
Appendix A (Vessel Description). The Owners shall also provide on the Vessel for night work lights as on
Sa

board, but all additional lights over those on board shall be at the Charterers’ expense. The Charterers shall
have the use of any cargo handling gear on board the Vessel. If required by the Charterers, the Vessel shall
work night and day and all cargo handling gear shall be at the Charterers’ disposal during loading and
m

discharging. In the event of disabled cargo handling gear, or insufficient power to operate the same, the
Vessel is to be considered to be off-hire to the extent that time is actually lost to the Charterers and the
pl

Owners to pay stevedore stand-by charges occasioned thereby, unless such disablement or insufficiency of
power is caused by the Charterers’ stevedores. If required by the Charterers, the Owners shall bear the cost
e

of hiring shore gear in lieu thereof, in which case the Vessel shall remain on-hire, except for actual time lost.
co

29. Solid Bulk Cargoes/Dangerous Goods

(a) The Charterers shall provide appropriate information on the cargo in advance of loading in accordance with
py

the requirements of the IMO International Maritime Solid Bulk Cargoes (IMSBC) Code to enable the
precautions which may be necessary for proper stowage and safe carriage to be put into effect. The
information shall be accompanied by a cargo declaration summarising the main details and stating that the
cargo is fully and accurately described and that, where applicable, the test results and other specifications
can be considered as representative for the cargo to be loaded.

(b) If a cargo listed in the IMO International Maritime Dangerous Goods (IMDG) Code (website: www.imo.org) is
agreed to be carried, the Charterers shall provide a dangerous goods transport document and, where
applicable, a container/vehicle packing certificate in accordance with the IMDG Code requirements. The
dangerous goods transport document shall include a certificate or declaration that the goods are fully and
accurately described by the Proper Shipping Name, are classified, packaged, marked and labelled/placarded
correctly and are in all respects in proper condition for transport according to applicable international and
national government regulations.

(c) The Master shall be entitled to refuse cargoes or, if already loaded, to unload them at the Charterers’ risk
and expense if the Charterers fail to fulfil their IMSBC Code or IMDG Code obligations as applicable.

30. BIMCO Hull Fouling Clause for Time Charter Parties

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(a) If, in accordance with the Charterers’ orders, the Vessel remains at or shifts within a place, anchorage and/or
berth for an aggregated period exceeding:

(i) a period as the parties may agree in writing in a Tropical Zone or Seasonal Tropical Zone*; or

(ii) a period as the parties may agree in writing outside such Zones*

any warranties concerning speed and consumption shall be suspended pending inspection of the Vessel’s
underwater parts including, but not limited to, the hull, sea chests, rudder and propeller.

*If no such periods are agreed the default periods shall be 15 days.

(b) In accordance with Sub-clause (a), either party may call for inspection which shall be arranged jointly by the
Owners and the Charterers and undertaken at the Charterers’ risk, cost, expense and time.

(c) If, as a result of the inspection either party calls for cleaning of any of the underwater parts, such cleaning
shall be undertaken by the Charterers at their risk, cost, expense and time in consultation with the Owners.

(i) Cleaning shall always be under the supervision of the Master and, in respect of the underwater hull coating,
in accordance with the paint manufacturers’ recommended guidelines on cleaning, if any. Such cleaning shall
be carried out without damage to the Vessel’s underwater parts or coating.

(ii) If, at the port or place of inspection, cleaning as required under this Sub-clause (c) is not permitted or
Sa

possible, or if the Charterers choose to postpone cleaning, speed and consumption warranties shall remain
suspended until such cleaning has been completed.
m

(iii) If, despite the availability of suitable facilities and equipment, the Owners nevertheless refuse to permit
cleaning, the speed and consumption warranties shall be reinstated from the time of such refusal.
pl

(d) Cleaning in accordance with this Clause shall always be carried out prior to redelivery. If, nevertheless, the
e

Charterers are prevented from carrying out such cleaning, the parties shall, prior to but latest on redelivery,
agree a lump sum payment in full and final settlement of the Owners’ costs and expenses arising as a result
co

of or in connection with the need for cleaning pursuant to this Clause.

(e) If the time limits set out in Sub-clause (a) have been exceeded but the Charterers thereafter demonstrate
py

that the Vessel’s performance remains within the limits of this Charter Party the vessel’s speed and
consumption warranties will be subsequently reinstated and the Charterers’ obligations in respect of
inspection and/or cleaning shall no longer be applicable.

31. Bills of Lading


(a) The Master shall sign bills of lading or waybills for cargo as presented in conformity with mates’ receipts.
However, the Charterers or their agents may sign bills of lading or waybills on behalf of the Master, with the
Owners’/Master’s prior written authority, always in conformity with mates’ receipts.

(b) All bills of lading or waybills shall be without prejudice to this Charter Party and the Charterers shall indemnify
the Owners against all consequences or liabilities which may arise from any inconsistency between this
Charter Party and any bills of lading or waybills signed by the Charterers or their agents or by the Master at
their request.

(c) Bills of lading covering deck cargo shall be claused: “Shipped on deck at the Charterers’, Shippers’ and
Receivers’ risk, expense and responsibility, without liability on the part of the Vessel or her Owners for any
loss, damage, expense or delay howsoever caused.”

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

32. BIMCO Electronic Bills of Lading Clause

(a) At the Charterers’ option, bills of lading, waybills and delivery orders referred to in this Charter Party shall be
issued, signed and transmitted in electronic form with the same effect as their paper equivalent.

(b) For the purpose of Sub-clause (a) the Owners shall subscribe to and use Electronic (Paperless) Trading
Systems as directed by the Charterers, provided such systems are approved by the International Group of
P&I Clubs. Any fees incurred in subscribing to or for using such systems shall be for the Charterers’ account.

(c) The Charterers agree to hold the Owners harmless in respect of any additional liability arising from the use
of the systems referred to in Sub-clause (b), to the extent that such liability does not arise from Owners’
negligence.

33. Protective Clauses

The following protective clauses shall be deemed to form part of this Charter Party and all Bills of Lading or
waybills issued under this Charter Party shall contain the following clauses.

(a) General Clause Paramount

This bill of lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United
Sa

States, the Hague Rules, or the Hague Visby Rules, as applicable, or such other similar national legislation as
may mandatorily apply by virtue of origin or destination of the bill of lading, (or if no such enactments are
mandatorily applicable, the terms of the Hague Rules shall apply) which shall be deemed to be incorporated
m

herein, and nothing herein contained shall be deemed a surrender by the carrier of any of its rights or
immunities or an increase of any of its responsibilities or liabilities under said Act. If any term of this bill of
pl

lading be repugnant to said Act to any extent, such term shall be void to that extent, but no further.
e

And
co

(b) Both-to-Blame Collision Clause

“If the ship comes into collision with another ship as a result of the negligence of the other ship and any act,
py

neglect or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the
management of the ship, the owners of the goods carried hereunder will indemnify the carrier against all loss
or liability to the other or non-carrying ship or her owners insofar as such loss or liability represents loss of,
or damage to, or any claim whatsoever of the owners of said goods, paid or payable by the other or non-
carrying ship or her owners to the owners of said goods and set-off, recouped or recovered by the other or
non-carrying ship or her owners as part of their claim against the carrying ship or carrier.

The foregoing provisions shall also apply where the owners, operators or those in charge of any ships or
objects other than, or in addition to, the colliding ships or objects are at fault in respect to a collision or
contact.”

And

(c) New Jason Clause

“In the event of accident, danger, damage or disaster before or after the commencement of the voyage,
resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences
of which, the carrier is not responsible, by statute, contract, or otherwise, the goods, shippers, consignees,
or owners of the goods shall contribute with the carrier in general average to the payment of any sacrifices,
losses or expenses of a general average nature that may be made or incurred, and shall pay salvage and

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

special charges incurred in respect of the goods. If a salving ship is owned or operated by the carrier, salvage
shall be paid for as fully as if salving ship or ships belonged to strangers. Such deposit as the carrier or his
agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special
charges thereon shall, if required, be made by the goods, shippers, consignees or owners of the goods to the
Carrier before delivery.”

34. BIMCO War Risks Clause CONWARTIME 2013

(a) For the purpose of this Clause, the words:

(i) “Owners” shall include the shipowners, bareboat charterers, disponent owners, managers or other
operators who are charged with the management of the Vessel, and the Master; and

(ii) “War Risks” shall include any actual, threatened or reported:

war, act of war, civil war or hostilities; revolution; rebellion; civil commotion; warlike operations; laying of
mines; acts of piracy and/or violent robbery and/or capture/seizure (hereinafter “Piracy”); acts of terrorists;
acts of hostility or malicious damage; blockades (whether imposed against all vessels or imposed selectively
against vessels of certain flags or ownership, or against certain cargoes or crews or otherwise howsoever),
by any person, body, terrorist or political group, or the government of any state or territory whether
recognized or not, which, in the reasonable judgement of the Master and/or the Owners, may be dangerous
or may become dangerous to the Vessel, cargo, crew or other persons on board the Vessel.
Sa

(b) The Vessel shall not be obliged to proceed or required to continue to or through, any port, place, area or
zone, or any waterway or canal (hereinafter “Area”), where it appears that the Vessel, cargo, crew or other
m

persons on board the Vessel, in the reasonable judgement of the Master and/or the Owners, may be exposed
to War Risks whether such risk existed at the time of entering into this Charter Party or occurred thereafter.
pl

Should the Vessel be within any such place as aforesaid, which only becomes dangerous, or may become
dangerous, after entry into it, the Vessel shall be at liberty to leave it.
e

(c) The Vessel shall not be required to load contraband cargo, or to pass through any blockade as set out in Sub-
co

clause (a), or to proceed to an Area where it may be subject to search and/or confiscation by a belligerent.

(d) If the Vessel proceeds to or through an Area exposed to War Risks, the Charterers shall reimburse to the
py

Owners any additional premiums required by the Owners' insurers and the costs of any additional insurances
that the Owners reasonably require in connection with War Risks.

(e) All payments arising under Sub-clause (d) shall be settled within fifteen (15) days of receipt of Owners’
supported invoices or on redelivery, whichever occurs first.

(f) If the Owners become liable under the terms of employment to pay to the crew any bonus or additional
wages in respect of sailing into an Area which is dangerous in the manner defined by the said terms, then the
actual bonus or additional wages paid shall be reimbursed to the Owners by the Charterers at the same time
as the next payment of hire is due, or upon redelivery, whichever occurs first.

(g) The Vessel shall have liberty:

(i) to comply with all orders, directions, recommendations or advice as to departure, arrival, routes, sailing in
convoy, ports of call, stoppages, destinations, discharge of cargo, delivery, or in any other way whatsoever,
which are given by the government of the nation under whose flag the Vessel sails, or other government to
whose laws the Owners are subject, or any other government of any state or territory whether recognized
or not, body or group whatsoever acting with the power to compel compliance with their orders or directions;

(ii) to comply with the requirements of the Owners’ insurers under the terms of the Vessel’s insurance(s);

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(iii) to comply with the terms of any resolution of the Security Council of the United Nations, the effective
orders of any other Supranational body which has the right to issue and give the same, and with national
laws aimed at enforcing the same to which the Owners are subject, and to obey the orders and directions of
those who are charged with their enforcement;

(iv) to discharge at any alternative port any cargo or part thereof which may expose the Vessel to being held
liable as a contraband carrier;

(v) to call at any alternative port to change the crew or any part thereof or other persons on board the Vessel
when there is reason to believe that they may be subject to internment, imprisonment, detention or similar
measures.

(h) If in accordance with their rights under the foregoing provisions of this Clause, the Owners shall refuse to
proceed to the loading or discharging ports, or any one or more of them, they shall immediately inform the
Charterers. No cargo shall be discharged at any alternative port without first giving the Charterers notice of
the Owners’ intention to do so and requesting them to nominate a safe port for such discharge. Failing such
nomination by the Charterers within forty-eight (48) hours of the receipt of such notice and request, the
Owners may discharge the cargo at any safe port of their own choice. All costs, risk and expenses for the
alternative discharge shall be for the Charterers’ account.

(i) The Charterers shall indemnify the Owners for claims arising out of the Vessel proceeding in accordance with
any of the provisions of Sub-clauses (b) to (h) which are made under any bills of lading, waybills or other
documents evidencing contracts of carriage.
Sa

(j) When acting in accordance with any of the provisions of Sub-clauses (b) to (h) of this Clause anything is done
or not done, such shall not be deemed a deviation, but shall be considered as due fulfilment of this Charter
m

Party.
pl

35. Ice
e

The Vessel shall not be obliged to force ice but, subject to the Owners’ prior approval having due regard to
co

its size, construction and class, may follow ice-breakers. The Vessel shall not be required to enter or remain
in any icebound port or area, nor any port or area where lights or lightships have been or are about to be
withdrawn by reason of ice, nor where there is risk that in the ordinary course of things the Vessel will not
py

be able on account of ice to safely enter and remain in the port or area or to get out after having completed
loading or discharging.

36. Requisition

Should the Vessel be requisitioned by the government of the Vessel’s flag or other government to whose
laws the Owners are subject during the period of this Charter Party, the Vessel shall be deemed to be off-hire
during the period of such requisition, and any hire paid by the said government in respect of such requisition
period shall be retained by Owners. The period during which the Vessel is on requisition to the said
government shall count as part of the period provided for in this Charter Party.

If the period of requisition exceeds ninety (90) days, either party shall have the option of cancelling this
Charter Party and no consequential claim in respect thereof may be made by either party.

37. Stevedore Damage

Notwithstanding anything contained herein to the contrary, the Charterers shall pay for any and all damage
to the Vessel caused by stevedores provided the Master has notified the Charterers and/or their agents in
writing within twenty-four (24) hours of the occurrence but in case of hidden damage latest when the damage

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

could have been discovered by the exercise of due diligence. Such notice to describe the damage and to invite
Charterers to appoint a surveyor to assess the extent of such damage.

(a) In case of any and all damage affecting the Vessel’s seaworthiness and/or the safety of the crew and/or
affecting the trading capabilities of the Vessel, the Charterers shall immediately arrange for repairs of such
damage at their expense and the Vessel is to remain on-hire until such repairs are completed and if required
passed by the Vessel’s classification society.

(b) Any and all damage not described under Sub-clause (a) above shall be repaired, at the Charterers’ option,
before or after redelivery concurrently with the Owners’ work. In such case no hire and/or expenses will be
paid to the Owners except and insofar as the time and/or expenses required for the repairs for which the
Charterers are responsible, exceed the time and/or expenses necessary to carry out the Owners’ work.

38. Slow Steaming

(a) The Charterers may at their discretion provide, in writing to the Master, instructions to reduce speed or
Revolutions Per Minute (main engine RPM) and/or instructions to adjust the Vessel’s speed to meet a
specified time of arrival at a particular destination.

(i)* Slow Steaming – Where the Charterers give instructions to the Master to adjust the speed or RPM, the
Master shall, subject always to the Master’s obligations in respect of the safety of the Vessel, crew and cargo
and the protection of the marine environment, comply with such written instructions, provided that the
engine(s) continue(s) to operate above the cut-out point of the Vessel's engine(s) auxiliary blower(s) and that
Sa

such instructions will not result in the Vessel’s engine(s) and/or equipment operating outside the
manufacturers’/designers’ recommendations as published from time to time.
m

(ii)* Ultra-Slow Steaming – Where the Charterers give instructions to the Master to adjust the speed or RPM,
regardless of whether this results in the engine(s) operating above or below the cut-out point of the Vessel's
pl

engine(s) auxiliary blower(s), the Master shall, subject always to the Master’s obligations in respect of the
safety of the Vessel, crew and cargo and the protection of the marine environment, comply with such written
e

instructions, provided that such instructions will not result in the Vessel’s engine(s) and/or equipment
operating outside the manufacturers’/designers’ recommendations as published from time to time. If the
co

manufacturers’/designers’ recommendations issued subsequent to the date of this Charter Party require
additional physical modifications to the engine or related equipment or require the purchase of additional
spares or equipment, the Master shall not be obliged to comply with these instructions.
py

*Sub-clauses (a)(i) and (a)(ii) are alternatives; delete whichever is not applicable. In the absence of deletions,
alternative (a)(i) shall apply.

(b) At all speeds the Owners shall exercise due diligence to ensure that the Vessel is operated in a manner which
minimises fuel consumption, always taking into account and subject to the following:

(i) the Owners’ warranties under this Charter Party relating to the Vessel’s speed and consumption;

(ii) the Charterers’ instructions as to the Vessel’s speed and/or RPM and/or specified time of arrival at a
particular destination;

(iii) the safety of the Vessel, crew and cargo and the protection of the marine environment; and

(iv) the Owners’ obligations under any bills of lading, waybills or other documents evidencing contracts of
carriage issued by them or on their behalf.

(c) For the purposes of Sub-clause (b), the Owners shall exercise due diligence to minimise fuel consumption:

(i) when planning voyages, adjusting the Vessel’s trim and operating main engine(s) and auxiliary engine(s);

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(ii) by making optimal use of the Vessel’s navigation equipment and any additional aids provided by the
Charterers, such as weather routing, voyage optimization and performance monitoring systems; and

(iii) by directing the Master to report any data that the Charterers may reasonably request to further improve
the energy efficiency of the Vessel.

(d) The Owners and the Charterers shall share any findings and best practices that they may have identified on
potential improvements to the Vessel’s energy efficiency.

(e) For the avoidance of doubt, where the Vessel proceeds at a reduced speed or with reduced RPM pursuant to
Sub-clause (a), then provided that the Master has exercised due diligence to comply with such instructions,
this shall constitute compliance with, and there shall be no breach of, any obligation requiring the Vessel to
proceed with utmost and/or due despatch (or any other such similar/equivalent expression).

(f) The Charterers shall procure that this Clause be incorporated into all sub-charters and contracts of carriage
issued pursuant to this Charter Party. The Charterers shall indemnify the Owners against all consequences
and liabilities that may arise from bills of lading, waybills or other documents evidencing contracts of carriage
being issued as presented to the extent that the terms of such bills of lading, waybills or other documents
evidencing contracts of carriage impose or result in breach of the Owners’ obligation to proceed with due
despatch or are to be held to be a deviation or the imposition of more onerous liabilities upon the Owners
than those assumed by the Owners pursuant to this Clause.
Sa

39. BIMCO Piracy Clause for Time Charter Parties 2013

(a) The Vessel shall not be obliged to proceed or required to continue to or through, any port, place, area or
m

zone, or any waterway or canal (hereinafter “Area”) which, in the reasonable judgement of the Master and/or
the Owners, is dangerous to the Vessel, her cargo, crew or other persons on board the Vessel due to any
pl

actual, threatened or reported acts of piracy and/or violent robbery and/or capture/seizure (hereinafter
“Piracy”), whether such risk existed at the time of entering into this Charter Party or occurred thereafter.
e

Should the Vessel be within any such place as aforesaid which only becomes dangerous, or may become
dangerous, after her entry into it, she shall be at liberty to leave it.
co

(b) If in accordance with Sub-clause (a) the Owners decide that the Vessel shall not proceed or continue to or
through the Area they must immediately inform the Charterers. The Charterers shall be obliged to issue
py

alternative voyage orders and shall indemnify the Owners for any claims from holders of the Bills of Lading
caused by waiting for such orders and/or the performance of an alternative voyage. Any time lost as a result
of complying with such orders shall not be considered off-hire.

(c) If the Owners consent or if the Vessel proceeds to or through an Area exposed to the risk of Piracy the Owners
shall have the liberty:

(i) to take reasonable preventative measures to protect the Vessel, crew and cargo including but not limited
to re-routeing within the Area, proceeding in convoy, using escorts, avoiding day or night navigation,
adjusting speed or course, or engaging security personnel and/or deploying equipment on or about the
Vessel (including embarkation/disembarkation);

(ii) to comply with underwriters’ requirements under the terms of the Vessel’s insurance(s);

(iii) to comply with all orders, directions, recommendations or advice given by the Government of the Nation
under whose flag the Vessel sails, or other Government to whose laws the Owners are subject, or any other
Government, body or group (including military authorities) whatsoever acting with the power to compel
compliance with their orders or directions; and

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(iv) to comply with the terms of any resolution of the Security Council of the United Nations, the effective
orders of any other Supranational body which has the right to issue and give the same, and with national
laws aimed at enforcing the same to which the Owners are subject, and to obey the orders and directions of
those who are charged with their enforcement;

and the Charterers shall indemnify the Owners for any claims from holders of Bills of Lading or third parties
caused by the Vessel proceeding as aforesaid, save to the extent that such claims are covered by additional
insurance as provided in Sub-clause (d)(iii).

(d) Costs

(i) if the Vessel proceeds to or through an Area where due to risk of Piracy additional costs will be incurred
including but not limited to additional personnel and preventative measures to avoid Piracy, such reasonable
costs shall be for the Charterers’ account. Any time lost waiting for convoys, following recommended
routeing, timing, or reducing speed or taking measures to minimise risk, shall be for the Charterers’ account
and the Vessel shall remain on hire;

(ii) if the Owners become liable under the terms of employment to pay to the crew any bonus or additional
wages in respect of sailing into an area which is dangerous in the manner defined by the said terms, then the
actual bonus or additional wages paid shall be reimbursed to the Owners by the Charterers;

(iii) if the Vessel proceeds to or through an Area exposed to the risk of Piracy, the Charterers shall reimburse
to the Owners any additional premiums required by the Owners' insurers and the costs of any additional
Sa

insurances that the Owners reasonably require in connection with Piracy risks which may include but not be
limited to War Loss of Hire and/or maritime Kidnap and Ransom (K&R); and
m

(iv) all payments arising under Sub-clause (d) shall be settled within fifteen (15) days of receipt of the Owners’
supported invoices or on redelivery, whichever occurs first.
pl

(e) If the Vessel is attacked by pirates any time lost shall be for the account of the Charterers and the Vessel shall
e

remain on hire.
co

(f) If the Vessel is seized by pirates the Owners shall keep the Charterers closely informed of the efforts made
to have the Vessel released. The Vessel shall remain on hire throughout the seizure and the Charterers’
obligations shall remain unaffected, except that hire payments shall cease as of the ninety-first (91st) day
py

after the seizure until release. The Charterers shall pay hire, or if the Vessel has been redelivered, the
equivalent of Charter Party hire, for any time lost in making good any damage and deterioration resulting
from the seizure. The Charterers shall not be liable for late redelivery under this Charter Party resulting from
the seizure of the Vessel.

(g) If in compliance with this Clause anything is done or not done, such shall not be deemed a deviation, but shall
be considered as due fulfilment of this Charter Party. In the event of a conflict between the provisions of this
Clause and any implied or express provision of the Charter Party, this Clause shall prevail.

40. Taxes

Charterers are to pay all local, State, National taxes and/or dues assessed on the Vessel or the Owners
resulting from the Charterers’ orders herein, whether assessed during or after the currency of this Charter
Party including any taxes and/or dues on cargo and/or freights and/or sub-freights and/or hire (excluding
taxes levied by the country of the flag of the Vessel or the Owners). In the event the Owners/Vessel/her flag
state are exempt from any taxes, the Owners shall seek such exemption and filing costs for such exemption,
if any, shall be for the Charterers’ account and no charge for such taxes shall be assessed to the Charterers.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

41. Industrial Action

In the event of the Vessel being delayed or rendered inoperative by strikes, labor stoppages or boycotts or
any other difficulties arising from the Vessel’s ownership, crew or terms of employment of the crew of the
chartered Vessel or any other vessel under the same ownership, operation and control, any time lost is to be
considered off-hire. The Owners guarantee that on delivery the minimum terms and conditions of
employment of the crew of the Vessel are in accordance with the International Labour Organization Maritime
Labour Convention (MLC) 2006, and will remain so throughout the duration of this Charter Party.

42. Stowaways

(a) If stowaways have gained access to the Vessel by means of secreting away in the goods and/or containers or
by any other means related to the cargo operation, this shall amount to breach of this Charter Party. The
Charterers shall be liable for the consequences of such breach and hold the Owners harmless and keep them
indemnified against all claims; costs (including but not limited to victualing costs for stowaways whilst on
board and repatriation); losses; and fines or penalties, which may arise and be made against them. The
Charterers shall, if required, place the Owners in funds to put up bail or other security. The Vessel shall remain
on hire for any time lost as a result of such breach.

(b) Save for those stowaways referred to in Sub-clause (a), if stowaways have gained access to the Vessel this
shall amount to a breach of this Charter Party. The Owners shall be liable for the consequences of such breach
and hold the Charterers harmless and keep them indemnified against all claims; costs; losses; and fines or
penalties, which may arise and be made against them. The Vessel shall be off-hire for any time lost as a result
Sa

of such breach.

43. Smuggling
m

(a) In the event of smuggling by the Master, other Officers and/or ratings, this shall amount to a breach of this
pl

Charter Party. The Owners shall be liable for the consequences of such breach and hold the Charterers
harmless and keep them indemnified against all claims, costs, losses, and fines and penalties which may arise
e

and be made against them. The Vessel shall be off-hire for any time lost as a result of such breach.
co

(b) If unmanifested narcotic drugs and/or any other illegal substances are found secreted in the goods and/or
containers or by any other means related to the cargo operation, this shall amount to a breach of this Charter
Party. The Charterers shall be liable for the consequences of such breach and hold the Owners, Master,
py

officers and ratings of the Vessel harmless and keep them indemnified against all claims, costs, losses, and
fines and penalties which may arise and be made against them individually or jointly. The Charterers shall, if
required, place the Owners in funds to put up bail or other security. The Vessel shall remain on hire for any
time lost as a result of such breach.

44. International Safety Management (ISM)

During the duration of this Charter Party, the Owners shall procure that both the Vessel and “the Company”
(as defined by the ISM Code) shall comply with the requirements of the ISM Code. Upon request the Owners
shall provide a copy of the relevant Document of Compliance (DOC) and Safety Management Certificate
(SMC) to the Charterers. Except as otherwise provided in this Charter Party, loss, damage, expense or delay
caused by failure on the part of the Owners or “the Company” to comply with the ISM Code shall be for the
Owners’ account.

45. International Ship and Port Facility Security Code (ISPS Code)/Maritime Transportation Security Act
(MTSA)

(a) (i) The Owners shall comply with the requirements of the ISPS and the relevant amendments to Chapter XI of
Safety of Life at Sea (SOLAS) (ISPS Code) relating to the Vessel and “the Company” (as defined by the ISPS

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

Code). If trading to or from the US or passing through US waters, the Owners shall also comply with the
requirements of the MTSA relating to the Vessel and the “Owner” (as defined by the MTSA).

(ii) Upon request the Owners shall provide the Charterers with a copy of the relevant International Ship
Security Certificate (ISSC) (or the interim ISSC) and the full style contact details of the Company Security
Officer (CSO).

(iii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or delay) caused by
failure on the part of the Owners or “the Company”/“Owner” to comply with the requirements of the ISPS
Code/MTSA or this Clause shall be for the Owners’ account, except as otherwise provided in this Charter
Party.

(b) (i) The Charterers shall provide the Owners and the Master with their full style contact details and, upon
request, any other information the Owners require to comply with the ISPS Code/MTSA. Where sub-letting
is permitted under the terms of this Charter Party, the Charterers shall ensure that the contact details of all
sub-charterers are likewise provided to the Owners and the Master. Furthermore, the Charterers shall ensure
that all sub-charter parties they enter into during the period of this Charter Party contain the following
provision:

“The Charterers shall provide the Owners with their full style contact details and, where sub-letting is
permitted under the terms of the charter party, shall ensure that contact details of all sub-charterers are
likewise provided to the Owners”.
Sa

(ii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or delay) caused by
failure on the part of the Charterers to comply with this Clause shall be for the Charterers’ account, except
as otherwise provided in this Charter Party.
m

(c) Notwithstanding anything else contained in this Charter Party all delay, costs or expenses whatsoever arising
pl

out of or related to security regulations or measures required by the port facility or any relevant authority in
accordance with the ISPS Code/MTSA including, but not limited to, security guards, launch services, vessel
e

escorts, security fees or taxes and inspections, shall be for the Charterers’ account, unless such costs or
expenses result solely from the negligence of the Owners, Master or crew or the previous trading of the
co

Vessel, the nationality of the crew, crew visas, the Vessel’s flag or the identity of the Owners’ managers. All
measures required by the Owners to comply with the Ship Security Plan shall be for the Owners’ account.
py

(d) If either party makes any payment which is for the other party’s account according to this Clause, the other
party shall indemnify the paying party.

46. Sanctions

(a) The Owners shall not be obliged to comply with any orders for the employment of the Vessel in any carriage,
trade or on a voyage which, in the reasonable judgement of the Owners, will expose the Vessel, Owners,
managers, crew, the Vessel’s insurers, or their re-insurers, to any sanction or prohibition imposed by any
State, Supranational or International Governmental Organization.

(b) If the Vessel is already performing an employment to which such sanction or prohibition is subsequently
applied, the Owners shall have the right to refuse to proceed with the employment and the Charterers shall
be obliged to issue alternative voyage orders within forty-eight (48) hours of receipt of the Owners’
notification of their refusal to proceed. If the Charterers do not issue such alternative voyage orders the
Owners may discharge any cargo already loaded at any safe port (including the port of loading). The Vessel
to remain on hire pending completion of the Charterers’ alternative voyage orders or delivery of cargo by the
Owners and the Charterers to remain responsible for all additional costs and expenses incurred in connection
with such orders/delivery of cargo. If in compliance with this Sub-clause (b) anything is done or not done,
such shall not be deemed a deviation.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(c) The Charterers shall indemnify the Owners against any and all claims whatsoever brought by the owners of
the cargo and/or the holders of Bills of Lading and/or sub-charterers against the Owners by reason of the
Owners’ compliance with such alternative voyage orders or delivery of the cargo in accordance with Sub-
clause (b).

(d) The Charterers shall procure that this Clause shall be incorporated into all sub-charters issued pursuant to
this Charter Party.

47. BIMCO Designated Entities Clause for Charter Parties

(a) The provisions of this clause shall apply in relation to any sanction, prohibition or restriction imposed on any
specified persons, entities or bodies including the designation of specified vessels or fleets under United
Nations Resolutions or trade or economic sanctions, laws or regulations of the European Union or the United
States of America.

(b) The Owners and the Charterers respectively warrant for themselves (and in the case of any sublet, the
Charterers further warrant in respect of any sub-charterers, shippers, receivers, or cargo interests) that at
the date of this fixture and throughout the duration of this Charter Party they are not subject to any of the
sanctions, prohibitions, restrictions or designation referred to in Sub-clause (a) which prohibit or render
unlawful any performance under this Charter Party or any sublet or any Bills of Lading. The Owners further
warrant that the nominated vessel, or any substitute, is not a designated vessel.

(c) If at any time during the performance of this Charter Party either party becomes aware that the other party
Sa

is in breach of warranty as aforesaid, the party not in breach shall comply with the laws and regulations of
any Government to which that party or the Vessel is subject, and follow any orders or directions which may
be given by any body acting with powers to compel compliance, including where applicable the Owners’ flag
m

State. In the absence of any such orders, directions, laws or regulations, the party not in breach may, in its
option, terminate the Charter Party forthwith or, if cargo is on board, direct the Vessel to any safe port of
pl

that party’s choice and there discharge the cargo or part thereof.
e

(d) If, in compliance with the provisions of this Clause, anything is done or is not done, such shall not be deemed
a deviation but shall be considered due fulfilment of this Charter Party.
co

(e) Notwithstanding anything in this Clause to the contrary, the Owners or the Charterers shall not be required
to do anything which constitutes a violation of the laws and regulations of any State to which either of them
py

is subject.

(f) The Owners or the Charterers shall be liable to indemnify the other party against any and all claims, losses,
damage, costs and fines whatsoever suffered by the other party resulting from any breach of warranty as
aforesaid.

(g) The Charterers shall procure that this Clause is incorporated into all sub-charters, contracts of carriage and
Bills of Lading issued pursuant to this Charter Party.

48. BIMCO North American Advance Cargo Notification Clause for Time Charter Parties

(a) If the Vessel loads or carries cargo destined for the US or Canada or passing through US or Canadian ports in
transit, the Charterers shall comply with the current US Customs regulations (19 CFR 4.7) or the Canada
Border Services Agency regulations (Memorandum D3-5-2) or any subsequent amendments thereto and shall
undertake the role of carrier for the purposes of such regulations and shall, in their own name, time and
expense:

(i) have in place a Standard Carrier Alpha Code (SCAC)/Canadian Customs Carrier Code;

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(ii) for US trade, have in place an International Carrier Bond (ICB);

(iii) provide the Owners with a timely confirmation of (i) and (ii) above as appropriate; and

(iv) submit a cargo declaration by Automated Manifest System (AMS) to the US Customs or by ACI Automated
Commercial Information (ACI) to the Canadian customs, and provide the Owners at the same time with a
copy thereof.

(b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners against any
loss and/or damage whatsoever (including consequential loss and/or damage) and/or any expenses, fines,
penalties and all other claims of whatsoever nature, including but not limited to legal costs, arising from the
Charterers’ failure to comply with any of the provisions of Sub-clause (a). Should such failure result in any
delay then, notwithstanding any provision in this Charter Party to the contrary, the Vessel shall remain on
hire.

(c) If the Charterers' ICB is used to meet any penalties, duties, taxes or other charges which are solely the
responsibility of the Owners, the Owners shall promptly reimburse the Charterers for those amounts.

(d) The assumption of the role of carrier by the Charterers pursuant to this Clause and for the purpose of the US
Customs Regulations (19 CFR 4.7) shall be without prejudice to the identity of carrier under any bill of lading,
other contract, law or regulation.
Sa

49. BIMCO U.S. Census Bureau Mandatory Automated Export System (AES) Clause for Time Charter Parties

(a) If the Vessel loads cargo in any US port or place, the Charterers shall comply with the current US Census
m

Bureau Regulations (15 CFR 30) or any subsequent amendments thereto and shall undertake the role of
carrier for the purposes of such regulations and shall, in their own name, time and expense:
pl

(i) have in place a SCAC (Standard Carrier Alpha Code);


e

(ii) have in place an ICB (International Carrier Bond);


co

(iii) provide the Owners with a timely confirmation of (i) and (ii) above; and
py

(iv) submit an export ocean manifest by Automated Export System (AES) to the US Census Bureau and provide
the Owners at the same time with a copy thereof.

(b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners against any
loss and/or damage whatsoever (including consequential loss and/or damage) and/or any expenses, fines,
penalties and all other claims of whatsoever nature, including but not limited to legal costs, arising from the
Charterers’ failure to comply with any of the provisions of Sub-clause (a). Should such failure result in any
delay then, notwithstanding any provision in this Charter Party to the contrary, the Vessel shall remain on
hire.

(c) If the Charterers' ICB is used to meet any penalties, duties, taxes or other charges which are solely the
responsibility of the Owners, the Owners shall promptly reimburse the Charterers for those amounts.

(d) The assumption of the role of carrier by the Charterers pursuant to this Clause and for the purpose of the US
Census Bureau Regulations (15 CFR 30) shall be without prejudice to the identity of carrier under any bill of
lading, other contract, law or regulation.

50. BIMCO EU Advance Cargo Declaration Clause for Time Charter Parties 2012

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(a) If the Vessel loads cargo in any EU port or place destined for a port or place outside the EU (“Exported”) or
loads cargo outside the EU destined for an EU port or place or passing through EU ports or places in transit
(“Imported”), the Charterers shall, for the purposes of this Clause, comply with the requirements of the EU
Advance Cargo Declaration Regulations (the Security Amendment to the Community Customs Code,
Regulations 648/2005; 1875/2006; and 312/2009) or any subsequent amendments thereto and shall, in their
own name, and in their time and at their expense:

(i) have in place an Economic Operator Registration and Identification (EORI) number;

(ii) provide the Owners with a timely confirmation of (i) above as appropriate; and

(iii) where the cargo is being:

1. Exported: Submit, or arrange for the submission of, a customs declaration for export or, if a customs
declaration or a re-export notification is not required, an exit summary declaration; or

2. Imported: Submit, or arrange for the submission of, an entry summary declaration.

Unless otherwise permitted by the relevant customs authorities, such declarations shall be submitted to
them electronically.

(b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners against any
loss and/or damage and/or any expenses, fines, penalties and all other claims of whatsoever nature, including
Sa

but not limited to legal costs, arising from the Charterers’ failure to comply with any of the provisions of Sub-
clause (a). Should such failure result in any delay then, notwithstanding any provision in this Charter Party to
the contrary, the Vessel shall remain on hire.
m
pl

51. Ballast Water Exchange Regulations


If ballast water exchanges are required by any coastal state where the vessel is trading, the Owners/Master
e

shall comply with same at the Charterers’ time, risk, and expense.
co

52. Period Applicable Clauses

If the minimum period of this Charter Party exceeds five (5) months, the following Sub-clauses shall apply:
py

(a) Should the Vessel at the expiry of the described employment period be on a ballast voyage to the place of
redelivery or on a laden voyage, reasonably expected to be completed within the employment period when
commenced, the Charterers shall have the use of the Vessel on the same conditions and at the same rate or
the prevailing market rate, whichever is higher, for any extended time as may be necessary for the
completion of the last voyage of the Vessel to the place of redelivery.

(b) Drydocking

The Owners shall have the option to place the Vessel in drydock during the currency of this Charter Party at
a convenient time and place, to be mutually agreed upon between the Owners and the Charterers, for
bottom cleaning and painting and/or repair as required by class or dictated by circumstances. (See also Clause
19 (Drydocking)).

(c) Off-hire

The Charterers to have the option of adding any time the Vessel is off-hire to the Charter period. Such option
shall be declared in writing not less than one (1) month before the expected date of redelivery, or latest one
(1) week after the event if such event occurs less than one (1) month before the expected date of redelivery.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(d) Charterers’ Colors

The Charterers shall have the privilege of flying their own house flag and painting the Vessel with their own
markings. The Vessel shall be repainted in the Owners’ colors before termination of the Charter Party. Cost
and time of painting, maintaining and repainting those changes effected by the Charterers shall be for the
Charterers’ account.

53. Commissions

A commission of per cent is payable by the Vessel and the Owners to on hire earned and paid
under this Charter Party, and also upon any continuation or extension of this Charter Party.

An address commission of per cent on the hire earned shall be deducted by the Charterers on payment
of the hire earned under this Charter Party.

54. Law and Arbitration

(a)* New York. This Charter Party shall be governed by United States maritime law. Any dispute arising out of or
in connection with this Charter Party shall be referred to three persons at New York, one to be appointed by
each of the parties hereto, and the third by the two so chosen. The award of the arbitrators or any two of
them shall be final, and for the purposes of enforcing any award, judgment may be entered on an award by
any court of competent jurisdiction. The proceedings shall be conducted in accordance with the rules of the
Society of Maritime Arbitrators, Inc. (SMA) current at the time this Charter Party was entered into.
Sa

In cases where neither the claim nor any counter claim exceeds the sum of US$ 100,000 (or such other sum
as the parties may agree), the arbitration shall be conducted before a sole arbitrator in accordance with the
m

Shortened Arbitration Procedure of the SMA current at the time this Charter Party was entered into.
(www.smany.org).
pl

(b)* London. This Charter Party shall be governed by and construed in accordance with English law and any
e

dispute arising out of or in connection with this Charter Party shall be referred to arbitration in London in
accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof save to the
co

extent necessary to give effect to the provisions of this Clause.

The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA)
py

Terms current at the time when the arbitration proceedings are commenced.

The reference shall be to three arbitrators. A party wishing to refer a dispute to arbitration shall appoint its
arbitrator and send notice of such appointment in writing to the other party requiring the other party to
appoint its own arbitrator within fourteen (14) calendar days of that notice and stating that it will appoint its
arbitrator as sole arbitrator unless the other party appoints its own arbitrator and gives notice that it has
done so within the fourteen (14) days specified. If the other party does not appoint its own arbitrator and
give notice that it has done so within the fourteen (14) days specified, the party referring a dispute to
arbitration may, without the requirement of any further prior notice to the other party, appoint its arbitrator
as sole arbitrator and shall advise the other party accordingly. The award of a sole arbitrator shall be binding
on both parties as if he had been appointed by agreement.

Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the
appointment of a sole arbitrator.

In cases where neither the claim nor any counterclaim exceeds the sum of US$ 100,000 (or such other sum
as the parties may agree) the arbitration shall be conducted in accordance with the LMAA Small Claims
Procedure current at the time when the arbitration proceedings are commenced. (www.lmaa.org.uk)

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

(c)* Singapore. This Charter Party shall be governed by and construed in accordance with Singapore**/English**
law.

Any dispute arising out of or in connection with this Charter Party, including any question regarding its
existence, validity or termination shall be referred to and finally resolved by arbitration in Singapore in
accordance with the Singapore International Arbitration Act (Chapter 143A) and any statutory modification
or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause.

The arbitration shall be conducted in accordance with the Arbitration Rules of the Singapore Chamber of
Maritime Arbitration (SCMA) current at the time when the arbitration proceedings are commenced.

The reference to arbitration of disputes under this clause shall be to three arbitrators. A party wishing to
refer a dispute to arbitration shall appoint its arbitrator and send notice of such appointment in writing to
the other party requiring the other party to appoint its own arbitrator and give notice that it has done so
within fourteen (14) calendar days of that notice and stating that it will appoint its own arbitrator as sole
arbitrator unless the other party appoints its own arbitrator and gives notice that it has done so within the
fourteen (14) days specified. If the other party does not give notice that it has done so within the fourteen
(14) days specified, the party referring a dispute to arbitration may, without the requirement of any further
prior notice to the other party, appoint its arbitrator as sole arbitrator and shall advise the other party
accordingly. The award of a sole arbitrator shall be binding on both parties as if he had been appointed by
agreement.

Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the
Sa

appointment of a sole arbitrator.

In cases where neither the claim nor any counterclaim exceeds the sum of US$ 150,000 (or such other sum
m

as the parties may agree) the arbitration shall be conducted before a single arbitrator in accordance with the
SCMA Small Claims Procedure current at the time when the arbitration proceedings are commenced.
pl

(www.scma.org.sg)
e

(d)* This Charter Party shall be governed by and construed in accordance with the laws of the place mutually
agreed by the parties and any dispute arising out of or in connection with this Charter Party shall be referred
co

to arbitration at a mutually agreed place, subject to the procedures applicable there.

*Sub-clauses (a), (b), (c) and (d) are alternatives; indicate alternative agreed. If alternative (d) agreed also
py

state the place of arbitration. If no alternative agreed and clearly indicated then Sub-clause (a) shall apply by
default.

**Singapore and English law are alternatives; if Sub-clause (c) agreed also indicate choice of Singapore or
English law. If neither or both are indicated, then English law shall apply by default.

55. Notices

All notices, requests and other communications required or permitted by any clause of this Charter Party
shall be given in writing and shall be sufficiently given or transmitted if delivered by hand, email, express
courier service or registered mail and addressed if to the Owners, to or such other address or email
address as the Owners may hereafter designate in writing, and if to the Charterers to or such other
address or email address as the Charterers may hereafter designate in writing. Any such communication shall
be deemed to have been given on the date of actual receipt by the party to which it is addressed.

56. Headings

The headings in this Charter Party are for identification only and shall not be deemed to be part hereof or be
taken into consideration in the interpretation or construction of this Charter Party.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

57. Singular/Plural

The singular includes the plural and vice-versa as the context admits or requires.

Clauses to , both inclusive, as attached hereto are fully incorporated in this Charter Party.

OWNERS: CHARTERERS:

__________________________ __________________________

Name: Name:
Title: Title:
Sa
m
pl
e
co
py

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

NYPE 2015 APPENDIX A (VESSEL DESCRIPTION)


GENERAL INFORMATION
1.1 Vessel’s name
1.2 Type of vessel
1.3 IMO number
1.4 Year of build
1.5 Name of shipyard/where built /
1.6 Flag
1.7 Port of Registry
1.8 Classification Society
1.9 Protection & Indemnity Club – full name
1.10 Hull & Machinery insured value
1.11 Date and place of last drydock
1.12 Vessel’s Call Sign
1.13 Vessel’s INMARSAT number(s)
1.14 Vessel’s fax number
1.15 Vessel’s email address
Sa

LOADLINE INFORMATION
2.1 Loadline Deadweight Draft TPC
Winter
m

Summer
pl

Tropical
Fresh Water
e

Tropical Fresh Water


2.2 Constant Excluding Fresh Water
co

2.3 Freshwater Capacity


py

TONNAGES
3.1 Gross Tonnage (GT)
3.2 Net Tonnage (NT)
3.3 Panama Canal Net Tonnage (PCNT)
3.4 Suez Canal Tonnage Gross (SCGT) Net (SCNT)

3.5 Lightweight

DIMENSIONS
4.1 Number of holds
4.2 Hold dimensions 1. 2. 3.
4. 5. 6.
7. 8. 9.
4.3 Height of holds
4.4 Number of hatches
4.5 Manufacturer and type of hatch covers
4.6 Hatch dimensions 1. 2. 3.
4. 5. 6.

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

7. 8. 9.
4.7 Is vessel strengthened for the carriage of
heavy cargoes?
4.8 If yes, state which holds may be left empty
4.9 Main deck strength
4.10 Tanktop strength
4.11 Strength of hatch covers
4.12 Cubic grain capacity, by hold 1. 2. 3.
4. 5. 6.
7. 8. 9.
4.13 Cubic bale capacity, by hold 1. 2. 3.
4. 5. 6.
7. 8. 9.
4.14 Length overall
4.15 Length between perpendiculars
4.16 Extreme breadth (beam)
4.17 Keel to Masthead (KTM)
4.18 Distance from waterline to top of hatch No. 1 hatch Midships Last hatch
coamings or hatch covers if side rolling
hatches
Sa

Ballast condition (ballast holds not


flooded, basis 50% bunkers)
Full ballast condition (ballast holds
m

flooded, basis 50% bunkers)


pl

Light condition (basis 50% bunkers)


Fully laden condition
e

4.19 Vessel’s temporary ballast hold(s)


4.20 Vessel’s ballasting time/rate of ballasting
co

4.21 Vessel’s de-ballasting time/rate of de-


ballasting
py

4.22 If geared state manufacturer and type


4.23 Number & location of cranes
4.24 If vessel has power outlets for grabs –
state number and power
4.25 Maximum outreach of cranes beyond
ship’s rail
4.26 Are winches electro-hydraulic?
4.27 If vessel has grabs on board, state:
Type
Number/Capacity
4.28 Are holds CO2 fitted?
4.29 Are holds vessel fitted with Australian type
approved hold ladders?
4.30 Is vessel fitted for carriage of grain in
accordance with Chapter VI of SOLAS 1974
and amendments without requiring
bagging, trapping and securing when
loading a full cargo (deadweight) of heavy

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.
NYPE 2015 TIME CHARTER

grain in bulk (stowage factor 42 cubic feet)


with ends untrimmed?
4.31 Is vessel logs fitted?
4.32 If yes, state number, type and height of
stanchions on board and which stanchions
are collapsible. Also state number and
type of sockets on board

BUNKERS, SPEED AND CONSUMPTION


5.1 What type/viscosity of fuel is used for
main propulsion?
5.2 Capacity of main engine bunker tanks
(excluding unpumpables)
5.3 Number of bunker tanks
5.4 What type/viscosity of fuel is used in the
generating plant
Capacity of auxiliary (aux.) engine(s)
bunker tanks (excluding unpumpables)
Speed on sea passage Knots Knots On tons On tons
ballast laden (main) (aux.)
Sa
m

Consumption in Port Tons (main) Tons (aux.)


Working
pl

Idle
e

CREW
co

6.1 Number of Officers


6.2 Number of Ratings
6.3 Name and nationality of Master
py

6.4 Nationality of Officers


6.5 Nationality of Ratings

CERTIFICATE EXPIRY DATES


7.1 P&I
7.2 H&M
7.3 Class
7.4 Gear
7.5 Document of Compliance (DOC)
7.6 Safety Management Certificate (SMC)
7.7 International Ship Security Certificate

Copyright © 2015 ASBA. All rights reserved. Published by BIMCO and jointly authored by ASBA, BIMCO and the SMF. No part of this BIMCO
SmartCon document may be copied, reproduced or distributed in any form without the prior written permission of ASBA. Explanatory notes
are available from BIMCO at www.bimco.org. First published 1913; amended 1921, 1931, 1946, 1981, 1993 and 2015.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy